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Hearing video

ZBA Hearing - November 3, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Nov 3, 20214h 45m

coalition did send a letter of support thank you mr jinn mrs sharon if you could um send me that

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letter for my records. I would appreciate it. The petition? The petition, yes. I apologize.

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Sure. Thank you. I will do that. Thank you. Okay. Planning Commission.

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Good morning. David Vecto, City Planning Commission, Mr. Chairman, members of the board.

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The comprehensive plan recommends single-family zoning at this location. We recommend that the

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board approve the requested use variants for not including commercial space on the ground floor.

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Thank you. MI 2021-002-313-1801 South Ringgold Street. My vote is yes with the proviso. Property to be developed as a single family with no commercial use on the first floor.

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Professor Plaza, yes with proviso.

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Thomas Holliman, yes with proviso.

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James Snell, yes with proviso.

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Thank you. Now go to case number 6, MI 2021-001429, 312 North 41st Street. This, I believe, is a pro se case. Carrie Dupree, and there's a notation to promote Ms. Lisa Armstrong, who is the architect.

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West Palnton Saunders Park, RCO, sent a letter of support.

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Mr. Dupree, if you're in the audience, can you please raise your hand?

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Chair, this is Sharon. The applicant, the property owner, will be presenting her architect.

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I ask that she be promoted only to share exhibits.

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Thank you.

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Ms. Dupree is coming back in as a panelist now, Chair.

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Thank you. Please spell your full name, and I'll swear you in.

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Thank you.

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Please spell your full name and I'll swear you in.

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Excuse me, you're muted.

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Sorry. Sorry. Carrie Dupree, C-A-R-R-I-E, D-U-P-R-E-E.

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Quirk or affirm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Thank you. Mr. Plaza has some questions for you.

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The theme of an exhibit packet with the required documents, ownership, proof of compliance,

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copy of the refusal or referral, voters and plans five days prior to this hearing?

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Yes.

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And have you met with the RCO and have a letter?

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Yes.

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May proceed, ma'am.

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Okay, my name is Carrie Dupree. I am the owner of 312 North 41st Street. I purchased my home in 1987 and for the past 34 years have maintained the property with the hope of creating a space that would provide a home through my senior years.

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Now, as I started thinking about how I was going to do that and actively plan for it, I realized I had a garage structure in the back that I wasn't really using effectively and realized that I could possibly put up a two-story single-family home, similar to the ones, actually, just like the ones on that block on Holly Street.

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I'm sorry.

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I'm sorry.

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I'm sorry to interrupt, but do we have exhibits for the audience?

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Oh, yes.

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I'm sorry.

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Lisa Armstrong has his

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Ms. Armstrong

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Ms. Armstrong

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please identify yourself with a record

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and I'll swear you in

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and we're getting feedback

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I don't know Mr. P do you have another device on

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no

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Ms. Armstrong

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please spell your full name and I'll swear you in

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Ms. Armstrong

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please unmute yourself and wait for the chair

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Ms. Armstrong

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Okay, I think they just went away.

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Ms. Armstrong, please unmute yourself.

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Spell your full name.

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Hello, my name is Lisa Armstrong.

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That's L-I-S-A-A-R-M-S-T-R-O-N-G from AK Architecture at 2011 Walnut Street, Philadelphia, PA.

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You swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Would you please share your exhibits as Ms. Dupree is going through her presentation?

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Okay.

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Share screen.

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let me go back up to the front page sorry

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okay okay all right thanks for your patience so as i was saying i've been i've lived in a house for

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about 34 years, and I thought that a solution for my security in later years in terms of living

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spaces was to put a two-story house on Holly Street to replace the garage structure that's

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there now. And after doing some research on the city website, I, you know, just was going through

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and looking for information and found some information that was inconsistent with what I

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thought was true. The lot that I own extends from 41st Street to Holly Street. It consists of

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actually two parcels, one zoned RSA5 and the other RM1. That's what I found on the city website.

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And I was unable to clarify this with the city, so I contacted Lisa to help me work it out.

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And she immediately recognized the open space requirements that I would need in order to build

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that second house um and after that we formulated a plan that we thought would fit within zoning

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guidelines which is a single family home facing holly street and a two-family household with with

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a third floor addition facing 41st street we submitted the plans in march of 2020 right before

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the pandemic shut down and the city returned with two refusals one for dimension size the majority

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of this block is already divided in the manner that I proposed. There are only four properties

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south of 312 that face 41st Street to the east and extend to Holly Street to the west. Denying

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Denying this request would mean my lot would be larger than 86% of the properties on the block.

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this request would mean my lot would be larger than 86 percent of the properties on the block.

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When the subdivision would create two parcels, that would mean the zoning site.

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Okay.

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Denying the request would mean my lot would be larger than 86% of the properties on the block.

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When the subdivision would create two parcels that would meet the zoning lot size and with requirements.

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The next is for you.

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multifamily versus single-family. Creating the second unit would provide income through my

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retirement, which would allow me to continue living in my home. On the south end of the block,

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most of the properties are two-family dwelling units with a variance for 312 right next door

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that was approved in the year 2000. Thank you for your time and I appreciate your consideration in

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this matter. Questions from the board? No, Mr. Chairman. No. Anyone else would like to testify

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in this case? Please raise your hand. There are no hands up at this time, Chair. Thank you. Planning

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Commission. Good morning. Dave Defecto, City Planning Commission, Mr. Chairman, members of

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board the comprehensive plan recommends no change in the existing residential single-family zoning

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at this location this is a 1912 square foot lot with an existing structure there is no unique

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condition or circumstance of the lot or structure that would require it to be used for anything

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other than a single-family home the majority of houses on the block are single-family

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we recommend to the board deny the requested use variance

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i'm a little confused the addition would not be wouldn't that be a single family

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let's see building another structure i think that i missed something here can i

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jump in yes please so there would be a single family structure facing holly street right

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which would have a new address and then on 41st street that would be um the multi-family

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currently a single family is that correct right okay that's why i got confused

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so i guess what the planning commission is saying correct me from wrong is that the

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the request to create third 312 north 41st as a duplex is what the opposition is correct

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that is correct chairman all right thank you all right um mi 2021-001429 312 north 41st street

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um i'm gonna the records close i'm not clear that is there anyone from west palnton saunders park

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they sent a letter of support so i'm a little confused about that

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i see no hands at this time chair

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All right. MI 2021-001429, 312 North 41st Street. My vote is no.

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Professor Plaza, no.

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Thomas Holliman, no.

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James Snell, no.

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Thank you. Case number 8, MI 2021-000319, 6134-46 Wayne Avenue.

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Rachel Pritzker is the attorney, I believe, and Mr. Brandon Savran. Savran are the attorneys

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representing the applicant, and Mr. Masters, I believe, is the attorney representing the

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appellant. It's a case against LNI. Excuse me, Chair, this is Sharon. I can explain the procedural

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history in this one, but could you first, I may have missed this, but number four, was that called

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Miss Moreland Street? No, I think I missed that. Because there was someone in the question and

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answer. Yeah, my apologies. I think I missed that because I saw no exhibits. All right,

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So before we go to Wayne Avenue, let's go back to number four, MI 2021-002-114-2117 West

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Moreland Street.

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Yeshika Ryan and Shaquan Laurie.

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Sharon, did we get any exhibits?

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I did not.

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Anyone here for 2117 West Moreland?

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Chair, we have someone with their hand up.

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Last name looks like Kiana.

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Kiana, you can unmute yourself and wait for the chair.

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Kiana, you can unmute yourself and wait for the chair.

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Yes, good evening.

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Kiana Shedrick with Upper North Neighbors Association.

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And I was the person who asked the question about the incident.

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Hello, hello, hello.

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Slow down.

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Pardon the interruption.

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Would you spell your full name, please?

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Q-I-A-N-A, last name Shedrick, S-H-E-D-R-I-C-K.

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You swear for him to tell the truth, the whole truth, nothing but the truth?

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Yes.

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And please proceed.

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No, I was just inquiring about the status because you said it was going to be called fourth, but we had jumped to the sixth case.

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The applicant did come to the community meeting.

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They stated that they were going to request a continuance, as we wrote in our letter.

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However, they did not show up today, so I just didn't know what was taking place with it.

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Well, let me find out if they're in the audience.

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The applicants for 2117 West Moreland Street in the audience, if so, please raise your hand.

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I see no hands at this time, too.

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Thank you.

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Okay, so MI 2021-002114-2117 West Moreland.

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This case is continued, must be heard.

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All right, we'll now go to case number eight, MI 2021-000319-6134-46 Wayne Avenue.

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Chair, this is Sharon. This is a case that it's actually two cases that are consolidated for purposes of this hearing.

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there is a request for a variance there is also an appeal against lni filed by mr masters

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challenging the the refusal that was issued saying there should be i believe additional

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variance is required the way that we agreed to proceed is that you would continue with the

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appeal against lni rule on that and then a second hearing would be scheduled for ms pritzker

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to present her case and if the appeal against lni is granted then she might be required to

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get a second refusal amended refusal from lni but for today you are going to hear mr masters case

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the appeal against lni and mr reuter should be promoted as well thank you so uh mr masters if

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you're out there please identify yourself and then i'll get mr reuter

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good morning mr chair members of the board steve masters from the law firm of just laws i represent

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west central germantown neighbors which is the appellant against lni in this case

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we're a firm to tell the truth the whole truth nothing but the truth

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i do thank you mr reuter if you're out there let me swear you in now

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uh thank you uh may please the board leonard f reuter r-e-u-t-e-r senior attorney for the city

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of philadelphia we're affirmed to tell the truth the whole truth nothing but the truth

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i do thank you um ministers

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yes um i would um like to call our first witness um so uh would nancy templeton please

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please raise your hand so that you can be sworn in.

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Ms. Templeton, please spell your full name and I'll swear you in.

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Ms. Templeton, please unmute yourself

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and wait for the chair.

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Templeton.

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Her hand is raised,

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chair, and I did unmute her on my side.

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I don't know why.

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She's not, we don't hear anything.

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Ms. Templeton.

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Ms. Templeton.

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Do you have any other witnesses, Mr. Masters, beside Ms. Templeton?

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She is my expert witness, and so we're going to be presenting her expert report.

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Yes. Maybe she can go out and try coming back in.

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yes and maybe she can go out and try coming back in okay if not we'll move on to the next case and

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come back to this if we have chairman this is rachel pritzker um could you also swear in

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myself and brandon just in the event that we want to object anything yep so you proceed rachel and

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And then Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R, 1635 Market Street, Suite 1600, Philadelphia, PA, 19103.

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The whole truth, nothing but the truth?

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Yes.

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Thank you.

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Brandon?

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Good morning, board.

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This is Brandon Saverin, B-R-A-N-D-O-N, S as in Sam, A, V as in Victor, R-A-N, also at 1635 Market Street, Suite 1600, Philadelphia, PA, 19103.

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Do I have time to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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I do. Thank you. Is Ms. Templeton on?

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and chairman just so you're aware we have our own experts as well but we'll

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get them sworn in in the event that their testimony is relevant

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uh we're still having a problem with miss templeton chair i don't see her hand at all now

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all right what we're going to do we're going to go to case number nine and then come back to

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this case okay she may be having some technical difficulties so we'll go to case number nine

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mi 2021-002419 832 judd judson j-u-d-s-o-n street

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